Bill Text: MA H1746 | 2009-2010 | 186th General Court | Introduced
Bill Title: Consent and counseling for certain pregnant minors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/14 at 11:00 PM in Gardner Auditorium [H1746 Detail]
Download: Massachusetts-2009-H1746-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Ellen Story
_______________
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to consent and counseling for certain minors.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Ellen Story |
3rd Hampshire |
|
Bill Bowles |
2nd Bristol |
|
William N. Brownsberger |
24th Middlesex |
|
Christine E. Canavan |
10th Plymouth |
|
Denis E. Guyer |
2nd Berkshire |
|
John D. Keenan |
7th Essex |
|
Peter v. Kocot |
1st Hampshire |
|
Stephen Kulik |
1st Franklin |
|
Denise Provost |
27th Middlesex |
|
Pam Richardson |
6th Middlesex |
|
Tom Sannicandro |
7th Middlesex |
|
Frank I. Smizik |
15th Norfolk |
|
Cleon H. Turner |
1st Barnstable |
|
Alice K. Wolf |
25th Middlesex |
|
Rosemary Sandlin |
3rd Hampden |
|
Matthew C. Patrick |
3rd Barnstable |
|
Elizabeth A. Malia |
11th Suffolk |
|
John P. Fresolo |
16th Worcester |
|
David P. Linsky |
5th Middlesex |
|
Patricia D. Jehlen |
Second Middlesex |
|
Kay Khan |
11th Middlesex |
|
Sarah K. Peake |
4th Barnstable |
|
John W. Scibak |
2nd Hampshire |
|
Martha M. Walz |
8th Suffolk |
|
Cheryl A. Coakley-Rivera |
10th Hampden |
|
Katherine Clark |
32nd Middlesex |
|
Michael J. Moran |
18th Suffolk |
|
Byron Rushing |
9th Suffolk |
|
Carl M. Sciortino, Jr. |
34th Middlesex |
|
Kenneth J. Donnelly |
Fourth Middlesex |
|
James B. Eldridge |
Middlesex and Worcester |
|
Anthony W. Petruccelli |
First Suffolk and Middlesex |
|
Mark V. Falzone |
9th Essex |
|
Barbara A. L'Italien |
18th Essex |
|
Anthony D. Galluccio |
Middlesex, Suffolk and Essex |
|
Carolyn Dykema |
8th Middlesex |
|
Lori Ehrlich |
8th Essex |
|
Jonathan Hecht |
29th Middlesex |
|
Kevin G. Honan |
17th Suffolk |
|
Sean Garballey |
23rd Middlesex |
|
Anne M. Gobi |
5th Worcester |
|
Alice Hanlon Peisch |
14th Norfolk |
|
James J. O'Day |
14th Worcester District |
[SIMILAR
MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1735 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative
to consent and counseling for certain minors.
Be it enacted by the
Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
SECTION 1. The second paragraph of section 12S of 112 of the General Laws is hereby amended by striking out the second, third, fourth, fifth, sixth, and, seventh sentences and inserting in place thereof the following paragraph:—
If a pregnant woman is less than eighteen years of age and has not married, no physician may perform an abortion upon her unless the attending physician has received and made part of the medical record the written consent of the pregnant woman and:
(1) the written consent of a parent, a legal guardian, a foster parent, or an adult family member twenty-one years of age or older; or
(2) the authorization of a judge of the superior court department of the trial court; or
(3) the pregnant woman has received counseling that includes a discussion of the alternative choices available to manage the pregnancy and the possibility of involving the woman's parents, guardians, or other adult family member in her decision making, and has secured written verification of receiving such counseling from:
(a) a psychologist licensed under the provisions of section one hundred nineteen;
(b) a social worker licensed under the provisions of section one hundred thirty one;
(c) a physician's assistant registered under the provisions of section nine F;
(d) a certified guidance counselor, as defined by section thirty-eight G of chapter seventy-one;
(e) a physician or psychiatrist registered under the provisions of section two;
(f) a registered professional nurse licensed under the provisions of section seventy-four;
(g) a practical nurse registered under the provisions of section seventy-four A;
(h) an ordained clergy member;
(i) a teacher certified under the provisions of section thirty-eight G of chapter seventy-one; or
(j) a professional with a master's degree in counseling or education.
The commissioner of public health shall prescribe a form to verify. Such counseling has occurred and has included a discussion of the alternative choices available to manage the pregnancy and the possibility of involving the woman's parent, guardian, or other adult family member in her decision making.
If a pregnant woman less than eighteen years of age has not married and she elects to seek the authorization of a judge of the superior court department of the trial court, the judge shall, upon petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests.
